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Employment Law Developments

WELCOME. Employment Law Developments. 2013 Dan Jenkins. Agenda. Overview of Developments Ending of Employment Focus on Settlement Agreements Employee Shareholders Parental Rights Other pending legislation / pensions Questions. Overview of Developments.

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Employment Law Developments

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  1. WELCOME

    Employment Law Developments

    2013 Dan Jenkins
  2. Agenda Overview of Developments Ending of Employment Focus on Settlement Agreements Employee Shareholders Parental Rights Other pending legislation / pensions Questions
  3. Overview of Developments Lots happening – driven by coalition government; Conservative/Liberal agendas giving mix of reductions and increases in various rights EU law continues to play pivotal role Objective to encourage employers to create jobs, open up flexible working to all and make it easier for parents to juggle family and work "shatter the perception that it is mainly a woman’s role to stay at home and look after the child, and also that flexible working only has benefits for parents and carers." - Jo Swinson, Business Minister
  4. Ending of Employment Enterprise & Regulatory Reform Act 2013 Cap of compensatory award for unfair dismissal at 12 months’ pay - April 2013 Settlement agreements – 29th July 2013 Dismissal for political reasons – 25th June 2013 Tribunal Fees – 29th July 2013
  5. Settlement Agreements Replace Compromise Agreements In force since 29th July 2013 Employers may now initiate a “without prejudice conversation” where no dispute New ACAS Code of Practice Must be for a potentially fair reason 10 days consideration time No unreasonable behaviour
  6. From the ACAS Code
  7. For a settlement agreement to be valid in waiving an individual’s right to bring a complaint before an employment tribunal all of the following conditions must be met: The agreement must be in writing The agreement must relate to a particular complaint or proceedings The employee must have received advice from a relevant independent adviser on the terms and effect of the proposed agreement and its effect on the employee’s ability to pursue that complaint before an ET The independent adviser must have a current contract of insurance or professional indemnity insurance The agreement must identify the adviser The agreement must state that the statutory provisions regulating the validity of the settlement agreement have been satisfied. No ‘improper behaviour’
  8. Employee Shareholders Any amount of shares can be issued First £50k of shares exempt from capital gains tax Employee gives up right: to request training to request flexible working not to be unfairly dismissed (exemptions) to a redundancy payment Notice of return from maternity/paternity leave 16 weeks From April 2013
  9. Parental Rights Unpaid parental leave extended to 18 weeks from 8th March 2013 Flexible working – right to request to be extended to all employees [2014] Flexible shared parental leave to replace current maternity & paternity rules [2015] Unpaid time off for partners to attend ante-natal appointments [TBA]
  10. Other Developments TUPE amendments to remove “Service Provision Change” elements Removal of employers’ liability for 3rd party harassment under Equality Act [October 2013] Pensions – are you ready? Approved scheme Registered with Pensions Regulator Workers categorised Information for workers Pensions regulator website
  11. Rates National Minimum Wage from 1st October 2013: 21+ £6.31 (£6.19) 18-20 £5.03 (£4.98) 16-17 £3.72 (£3.68) Apprentices under 19 £2.68 (£2.65) Statutory Maternity/Paternity Pay Since 1 April 2013: £136.78 SSP Since 6 April 2013: £86.70 Lower Earnings Threshold £109 per week

  12. Employment Law Update

    Thank you dan@access2hrservices.co.uk www.access2hrservices.co.uk 01722 325833
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